Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1887-09-03
Defining FreehoIder.
What Constitutes a Freebolder,
and Voter in the Coming In
corporation Election.
Plain Pointers on the Subject
Now Being D:scusseu in the
Business Circles.
Incorporation Notes.

Incorporation Notes.
As the time draws near for the cleo
tion on incorporation, q greatly in
creased interest is noted In the matter.
Yesterday there was but little else
discussed on the streets and we are glad
to be able to say that q majority of
those who talked were found to be on
the right side, and those who opposed
were generally found to be arguing
from Q mistaken standpoint. Many
of these had not studied the incorpora-
ton bill at all, and others who had
had confused the provisions oft relat-
ing to cities Of the first class. with the
provisions for cities of the second
class. 1t is under the latter head that
we ask incorporation and the expenses
attached are much lighter than for the
larger city government. The bill was
framed for the use of the whole terri.
tory and not for Miles City alone, as
many seem to think, and it must be
read carefully in order to arrive at just
what refers to our case.
-.
The Incorporation bill gives as the
qualifi cacation Of q voter on the ques.
ton Of incorporation, that he shall be
q resident freeholder. AS the term
freeholder is strictly legal one, 1t 10
not 10 be wondered at that q ques-
ton has arisen as to who or what con-
stitutes freeholder. Bouvier's law
dictionary, probably the best author
ity on the subject, gives this definition:
Feehold: An estate Of freehold In
an estate In lands or other real prop
erty held by free tenure, for the life
of the tenant or that Of some
other person; or for some uncertain
period, and q freeholder Is q person
who 10 the owner of q freehold estate
% described.
Webster, accepting the fact that the
term has no significance aside from
the law, gives the following as . law
definitions:
Freehold: An estate in real prop.
erty, Of inheritance or for life, or the
tenure by which il is held; and
Freeholder: One who owns an es-
tate In fee simple, fee-tail or for life.
Bouvier's definition lie the more &C.
curate one and touches clearly on the
point OF uncertainty Of tenure, which
practically confers ownership and the
right of control. This is in contra
distinction to leaseholds for q definite
period Of years or months. A person
who holds property during the term OF
his natural life, may enjoy 1t for
years and perhaps only for days, but
during his life he is the absolute con-
troller Of it and his interests are sf.
fected by anything tending to enhance
or decrease its value. Not 20 with the
person who leases for . definite period.
He has no interest in the property
save for the purpose for which 1t was
leased, and when his lease expires he
can leave II without detriment 20 him
self, nor 10 he personally affected
either by its enhanced value or de-
probation. These distinctions are
vital to the impending question Of in
corporation, for IL Is we learn the in
tention Of certain parties opposed to
incorporation, to claim that every
person occupying real estate under q
lease that Is not definite in its tenure.
is under the law q freeholder and en-
titled to vote. Under this quibUle
they desire to bring to the polls as
qualified voters, all occupants Of
houses, rooms, etc., who rent from
month TO month. The quibble is
hardly plausible and should not for
one moment be entertained by the
judges of election. The intent
OF the law Is as clear rs
crystal on this point, and that
intent Is TO allow none but the
owners Of real estate within the limits
of the proposed city, TO say whether IL
shall be incorporated or not. Its free
translation is, that no one shall be su.
thorized to cast q vote pro or con on
the question unless he be vitality in
tsrested In the matter. Later on in
the bill. under the question Of bond
ing the Indebtedness Of the city, 1t
provides for special election at which
those only are qualified to vote "who
shall have paid taxes on property as
ssssed TO them In said city during the
preceding year" The whole bill is
full OF such projections TO those who
may be damaged by the result Of the
election, and its express inten tion is
to disquslify all who are not so inter
ested from having any vote. the sfieci
therefore to introduce roome RS. etc., d.
freeholders will not be successful.
s..
J As an instance Of the truth OF the